Faculty Profile: Susan C Morse
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2019 British Tax Review 512
Prior to the Tax Cuts and Jobs Act of 2017 (TCJA), the US allowed US parented multinationals to delay indefinitely their payment of US corporate income tax on non-US income earned by non-US corporate subsidiaries (CFCs). The TCJA revoked this permission through the enactment of a unilateral, current minimum tax on the “global intangible low-taxed income” (GILTI) of CFCs. The post-TCJA US international tax law generally imposes current US tax on CFC income subject to reductions for foreign income taxes paid or accrued. This US regime supports the continued existence of a corporate income tax and presents an opportunity to co-ordinate the details of corporate income tax systems globally. Similarity among systems, for instance with respect to rate, timing and base, would further strengthen the corporate income tax and perhaps support innovations such as formulary apportionment. US tax administrators, non-US governments and taxpayers will each play a role in negotiating the details of international corporate income tax law going forward and in determining whether and on what terms these details converge. A review of GILTI: The Co-operative Potential of a Unilateral Minimum Tax is available here at Taxprof blog.
Susan Morse joined the University of Texas law faculty in 2013. She studies and writes about regulatory design and about international tax policy and tax compliance. She is interested in the interaction between regulatory systems and private ordering and in the way in which that interaction influences the content of the law.
Recent writings in tax policy include GILTI: The Co-operative Potential of a Unilateral Minimum Tax, 2019 British Tax Rev. 512; Do Tax Compliance Robots Follow the Law?, Ohio St. Tech. L. J. (forthcoming); International Cooperation and the 2017 Tax Act, 128 Yale L. J. Forum 362 (Oct. 25, 2018) and Seeking Comparable Transactions in Patent and Tax, 37 Rev. Litig. Brief (2018). Morse submitted cowritten Ninth Circuit amicus briefs in 2016, 2018 and 2019 in Altera Corp. v. Commissioner supporting the validity of Treasury’s regulation that requires cost-sharing arrangements to include stock-based compensation and opposing taxpayer's petition for rehearing en banc. Blog coverage here, here, here and here.
Recent writings in regulatory design include Government-to-Robot Enforcement, 2019 Ill. L. Rev. 1497; When Robots Make Legal Mistakes, 72 Okla. L. Rev. 213 (2019); Regulating by Example, 35 Yale J. Reg. 127 (2018) (with Leigh Osofsky) (featured in online symposium, How Agencies Communicate, at JREG); Safe Harbors, Sure Shipwrecks, 49 U.C. Davis L. Rev. 1385 (2016) (selected for Yale/Stanford/Harvard Junior Faculty Forum, 2015); and Entrepreneurship Incentives for Resource-Constrained Firms, Handbook of Law and Entrepreneurship (forthcoming).
Professor Morse teaches Property and Federal Income Tax, as well as the Financial Methods for Lawyers course, which she pioneered at Texas Law. She won the 2016 Women's Law Caucus Teacher of the Year award. She edits the tax section at JOTWELL.com.
Professor Morse clerked for the Honorable Michael Boudin of the United States Court of Appeals for the First Circuit and spent seven years in business tax practice at Ropes & Gray, Boston and Wilson Sonsini Goodrich & Rosati, Palo Alto. Prior to joining the Texas faculty, she served as Associate Professor at UC Hastings College of the Law and as Research Assistant Professor at Santa Clara University School of Law.
Morse has also written Innovation and Taxation at Start-Up Firms, 69 Tax L. Rev. 357 (2016); Tax Anti-Avoidance Law in Australia and the United States, 49 Int'l Law. 111 (2015); A Simpler Offshore Profits Transition Tax, 76 Tax Notes Int'l 629 (Feb. 17, 2014); Startup Ltd.: Tax Planning and Initial Incorporation, 14 Fla. Tax Rev. 319 (2013); Tax Haven Incorporation for U.S. Firms: No Exodus Yet, 66 Nat’l Tax J. 395 (2013); The Transfer Pricing Regs Need a Good Edit, 40 Pepperdine L. Rev. 1415 (2013); and A Corporate Offshore Profits Transition Tax, 91 N.C. L. Rev. 549 (2013).
November 23, 2019
National Tax Association Annual Meeting
Commented on John Vella, Digital Services Taxes: Principle as a Double-Edged Sword, 72 Nat'l Tax J. 821 (2019)
November 8, 2019
University of Virginia Invitational Tax Conference
Commented on Clinton Wallace, Democratizing Tax Policymaking (working paper)
September 9, 2019
Presentation: Do Tax Compliance Robots Follow the Law?
University of Texas School of Law Drawing Board
Instructor: U.S. International Income Taxation Course
Oxford University, Said Business School
May 21, 2019
Works-in-Progress Roundtable in Comparative Law, University of Texas School of Law
On Lydia Tiede, Judicial Vetoes: Institutions and Decision-Making on Constitutional Courts
May 17, 2019
Participant: Texas Tax Faculty Workshop
University of Houston School of Law
April 22, 2019
Presentation: GILTI: The Cooperative Potential of a Unilateral Minimum Tax
Pepperdine Tax Policy Workshop
March 6, 2019
University of Utah, SJ Quinney College of Law
Howard H. Rolapp Distinguished Visiting Scholar Program
March 4, 2019
February 19, 2019
NYU Tax Policy Colloquium
February 8, 2019
Symposium on Lawyering in the Age of Artificial Intelligence, Oklahoma Law Review
January 15, 2019
Austin Tax Study Group
December 11, 2018
Presentation: International Cooperation and the 2017 Act
International Tax Cooperation: The Challenges and Opportunities of Multilateralism Conference, Said Business School, Oxford
November 16, 2018
National Tax Association Annual Meeting
October 26, 2018
Panelist: The Future of the New International Tax Regime
Fordham Journal of Corporate and Financial Law Symposium, Fordham Law School
September 28, 2018
September 14, 2018
Panelist: Voices in the Room: Professional Ethics of Advising Clients on Responding to Cyber Extortion Demands
ABA Business Law Section Annual Meeting, Austin Texas
August 27, 2018
University of San Diego School of Law Tax Speaker Series
July 31, 2018
A review of the government's transfer pricing win in Altera at the Ninth Circuit, and an explanation of taxpayer Altera's weak hand in case of appeal.
April 30, 2018
Oxford Business Law Blog
A blog summary of Government-to-Robot enforcement, 2019 U. Illinois L. Rev. ___.
April 17, 2018
Lecture: International Tax Reform and Closely Held Businesses
Austin Tax Study Group
Joint presentation with William Bell, Esq.
March 22, 2018
Opinion analysis in Marinello v. United States
February 2, 2018
Yale J. on Reg.: Notice and Comment
January 29, 2018
Yale J. on Reg.: Notice & Comment
Introduction to Online Symposium, How Agencies Communicate, featuring Regulating by Example, 35 Yale J. on Reg. __ (2018)
December 7, 2017
Argument analysis in Marinello v. United States
November 28, 2017
Argument preview of Marinello v. U.S., in which taxpayer contests government's obstruction charge based on destruction of evidence prior to a known audit or other tax enforcement proceeding.
October 17, 2017
Recap of the Ninth Circuit oral argument in Altera, a case about cost-sharing arrangements and administrative law case (with Steve Shay).
October 10, 2017
A summary of reasons why the Ninth Circuit should reverse the Tax Court in Altera, a case about cost-sharing of intangibles and administrative law, focusing on the inherent lack of comparability for available unrelated party data in the case of cost-shared IP. With Steve Shay.
September 18, 2017
June 8, 2017
March 10, 2017
February 8, 2017
Dallas Morning News
October 5, 2016
Dallas Morning News
July 14, 2016
July 1, 2016
June 27, 2016
April 3, 2015
Review of Andrew Bird, Alexander Edwards & Terry J. Shevlin, Does the U.S. System of Taxation on Multinationals Advantage Foreign Acquirers? (working paper 2015)
June 23, 2014
Blog post: Opinion analysis: Court clarifies standard for evidentiary hearing in enforcement of IRS summons
Coverage of United States v. Clarke, 573 U.S. __ (2014)
March 19, 2014
January 9, 2014
Review of Thomas J. Brennan, Law and Finance: The Case of Constructive Sales, 5 Ann. Rev. Fin. Econ. 259 (2013)
February 22, 2013
Review of David Gamage, Perverse Incentives Arising from the Tax Provisions of Healthcare Reform, 65 Tax L. Rev. 669 (2013)
July 16, 2012
Review of Martin Sullivan, Corporate Tax Reform: Taxing Profits in the 21st Century (2011)
February 20, 2012
September 26, 2011
Arizona State Law Journal Blog
Review of Paul J. Zak, The Moral Molecule (2012)
December 7, 2009
Review of Andrea Louise Campbell, What Americans Think of Taxes, in The New American Fiscal Sociology (Isaac William Martin et al. eds., 2009)